Updating personnel rules is an endless task. Laws are constantly changing, and agencies are experiencing significant operational changes now more than ever. The responsibility of ensuring that all personnel rules are up to date and reflect both the legal requirements and the operational requirements is time-consuming and daunting. However, auditing personnel rules is one of
DFEH
Key Considerations For Employers When Developing An Anti-Harassment, Discrimination, And Retaliation Policy
The Fair Employment and Housing Act (the FEHA) provides employees with legal protection from harassment, discrimination and retaliation. The Department of Fair Employment and Housing (DFEH) is the California agency that oversees and enforces the FEHA. As part of its oversight role, DFEH issues guidance to employers to assist in compliance with the FEHA requirements.…
Leaving the Leaves to Someone Else: What Employers Should Know About Third Party Leave of Absence Administration
This post was authored by Stefanie K. Vaudreuil.
With all the possible leaves of absence that may be available to employees, ensuring consistent and accurate application of the applicable laws relating to leaves can be one of the more daunting tasks for employers. In a recent survey conducted by the Disability Management Employer Coalition…
Key Insights from the DFEH’s Annual Report
This post was authored by Megan Lewis.
The Department of Fair Employment and Housing (DFEH) recently issued its 2017 Annual Report, which provides a fascinating glimpse into who is filing complaints and why.
The DFEH is the largest state civil rights agency in the country. Its stated mission is to protect the people…
DFEH Provides Guidance on Impact of New SB 1343 Harassment Training Requirements: Some Questions Answered, Many Still Remain – Including Possibility that ALL Supervisory and Nonsupervisory Employees Need to Be Trained or Retrained Again in 2019
Note: Please see our August 30, 2019 Special Bulletin, with information on Senate Bill 778 which now delays the implementation of the new harassment training requirements and any refresher training until calendar year 2020. As urgency legislation, SB 778 went into effect immediately upon Governor Newsom’s approval of the law on August 30, 2019. …
New Regulations Give Applicants and Employees with Criminal History a Fresh Start; Employers Should Take a Fresh Look at their Decision-Making Practices
California’s Department of Fair Employment and Housing (“DFEH”) revised an existing regulation and adopted a new regulation regarding employers’ use of employees’ and applicants’ criminal history in employment decisions, effective July 1, 2017.
Restrictions that are specific to the use of criminal records were moved from California Code of Regulations, Title 2, Section 11017 to…
The DFEH Issues New Guidance on Transgender Rights in the Workplace
In February 2016, the California Department of Fair Employment and Housing (DFEH) issued an “FAQ for Employers” on transgender rights in the workplace.
The Fair Employment and Housing Act (FEHA) bans discrimination on the basis of “sex, gender, gender identity, [and] gender expression.” Gender expression is defined by law to mean a “person’s gender-related appearance…
5 Resolutions for the New Year
It’s that time of year again to reflect on this year’s achievements and set goals for the new year. With the beginning of 2014 upon us, we encourage personnel and human resources directors, managers and
1. Evaluate Your Agency’s Handling of Disability-Related Issues
Employee disability-related issues are among the most complicated and confusing that employers…
Untimely Administrative Complaint Can Save an Agency from Liability if the Continuing Violation Doctrine Does Not Apply
Many agencies have had the experience of being served with a complaint of harassment, discrimination and/or retaliation filed by an employee with the California Department of Fair Employment & Housing (“DFEH”). Filing such an administrative complaint is a prerequisite to suing in court for damages. There are deadlines associated with an employee’s ability to bring…
Big Changes Are Coming to the Department of Fair Employment and Housing
The way complaints for violation of the Fair Employment and Housing Act (“FEHA”) are processed and enforced by the Department of Fair Employment and Housing (“DFEH”) is about to undergo a significant transformation. Motivated by a desire to close a nearly $16 billion budget deficit by reducing duplication and maximizing efficiency within State government, Governor…